ISOO DRAFT OF PROPOSED NEW EXECUTIVE ORDER TO REPLACE EO 12065

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000200050024-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: August 2, 2005
• Sequence Number: 24
• Publication Date: August 10, 2000
• Content Type: MF

Approved For Release 2007/10/23: CIA-RDP87B01034R000200050024-2
6 JAN 1q82
YE,o.
MEMORANDUM FOR: Chief, Records Management Division
Office of Information Services
Chiet, Policy and Plans Group
Office of Security
SUBJECT: ISOO Draft of Poposed New Executive Order to
Replace EO 12065
REFERENCE: Memo for Distribution from DDA dated 4 January
1982, same Subject, (DDA Regulation No. 82-0008)
1. Reference requests review of Subject and response by
COB today. In the time permitted, Subject has been reviewed,
primarily in terms of previous Office of Security input. It has
also been examined with respect to ISOO changes pointed out in
Reference, other changes suggested by the Agency incorporated
into the proposal, and Agency comments previously submitted that
were not featured in this latest revision.
2. Significant changes included in Reference.
a. Section 1-302. This section deals with
aggregate classifications and, according to
Reference, has been reworded in a manner that may
restrict its application. The Office of Security
agrees with this interpretation and recommends
that the language in the version circulated in
October 1981 be supported.
b. Section 1-303. This has been revised in
a positive manner to protect the identity of a
confidential source. The revision is supported.
c. Section 1-502. This office is not
supportive of the change that partially restores
paragraph marking. The new provision would per-
mit the release of Agency information marked as
unclassified by other Government entities without
any opportunity for Agency review to determine if
it warrants classification in the aggregate. We
would not object to a compromise that would estab-
lish portion marking as optional.
e, 4;,r
OS 2 0025
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d. Section 3--404. A requirement for D/ISOO
review of all mandatory review procedures has been
dropped. There is no objection to this change.
e. Section 6-106. The definition of confi-
dential sources has been expanded to include
jeopardy. This is supported as an improvement.
3. Previous Agency comments incorporated into the
revision.
a. Sections 1-501 and 3-401(b) have been
changed to accommodate technical matters within
the purview of Office of Information Services.
No security equities are involved.
b. Suggested revision of Section 3-304 has
been adopted in part in a new Section 3-203. The
original Agency suggestion is preferred in that it
specifies that approval of the issuing authority
is required in matters concerning systematic
review for declassification. The revised Section
3-203 could be interpreted to read that agency
guidelines or criteria are among the last and
least important governing factors to be considered
in the declassification or downgrading decisions
to be made by the archivists.
4. Agency comments previously submitted and not
incorporated into the instant revision by IS00.
a. Section 1-303. The Agency version that
was not adopted should be supported. It is much
more comprehensive in terms of delineation and
specificity in citing factors of primary interest
to the CIA.
b. Section 3-301. The Agency suggestion
presumably was a strategic rather than a substan-
tive change in that the respective authorities of
the Secretary of Defense and the DCI were separated
from those applicable to the rest of the government.
This strategy is supportable. Of more import, the
current 3-301 adds: "after consultation with
affected agencies." This refers to the DCI
authorization to establish special procedures for
systematic review for declassification of classi-
fied intelligence information and other types of
information of interest to CIA. I recommend we
oppose the addition on the grounds of possible
weakening of the DCI's prerogative.
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c. Section 4-101. The suggested addition
regarding issuance and maintenance of minimum
investigative standards is supported, although
this is covered in Executive Order 10450. The
latter directive is outdated, subject to inter-
pretation by individual agencies, and in some
instances virtually ignored.
d. Section 4-201. The addition concerning
the authority of the DCI to establish common
security and other security-related controls is
desirable. This provision probably has caused
more dissension within the Community, particularly
DoD, than any other. Nevertheless, it states the
current reality recorded by existing DCID's. The
DoD objection is based on the worst-case inter-
pretation of the possibility of imposition of such
controversial security programs as the polygraph.
e. Section 4-202. The Agency previously
recommended deletion of this entire section. The
rationale is that it is unclear, unnecessary, and
burdensome. In the previous exercise we certainly
found it unclear. Deletion is appropriate.
f. Section 5-402(a). This section deals with
sanctions and adds negligence as a sanction for
unauthorized disclosure. The addition is consist-
ent with our own regulations. In terms of the
overall statement contained in this section, I
note a contradiction in releasing classified
information to unauthorized persons with the
proper authority. Without intending to do so,
this suggests that there is such a thing as an
authorized leak. Admittedly, this is a bit of a
purist interpretaton. I do not advocate making an
issue of it.
g. Section 5-404. This concerns a matter
addressed in the November response to a previous
version of the order. This office objected to
the D/ISOO being notified on every occasion when
there was an improper disclosure of classified
information; a requirement which could have
impacted adversely on the polygraph program. The
Agency response advocates a change that would
insure that the D/ISOO be informed periodically of
violations, an approach that is consistent with
oversight but does not intrude on the prerogative
of individual agencies. As a matter of direct
interest to this office, the previous suggestion
by the Agency is given our strong endorsement.
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h. Section 6-107. Our Agency recommended
a new definition to be added for cryptology to
read: "Cryptology for the purpose of this order,
means cryptography and communications security."
This is directly related to the point emphasized
in our November response; i.e., Section 4-201 as
written is in direct contravention to the status
tory authority of the DCI. With the addition of
this definition, Section 4-201 is innocuous in
terms of infringement on the DCI's authority to
set protective standards for intelligence sources'
and methods. This office gives its strongest
endorsement to the original Agency suggestion
that was not incorporated into the Subject.
i. Sections' 6-108 and 6-109. These sections
concern two additional definitions for unauthorized
.disclosures and 'unauthorized persons. Both defini-
tions are entirely consistent with internal Agency
regulations and should be supported for inclusion in
the final version of the proposed order.
5.. The latest ISOO version does not satisfy previously
expressed Office of Security concerns. Further, it failed to
incorporate other Agency-suggested provisions that we agree
should be featured in a final version of the replacement
Executive Order. We appreciate the opportunity to contribute
and request that the Office of Security be permitted to review
any future iteration of the proposal.
Distribution:
Orig - Addressee
1 - DD/P&M
1- OS Registry
1 - PPG Chrono
(5 January 1981
OS/P?M/PPG and
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